Testimonies of Kofi Nyame, the third accused person in the ongoing case where some 14 persons are standing trial for the murder of Major Maxwell Mahama have been expunged from records.

This was because the accused and his lawyers failed to continue with their evidence in chief of the accused as was agreed upon during the case management completion plan and later waived their rights.

Kofi Nyame Alias Abortion had previously told the court that he stoned the late military officer when he was drunk but could not tell if the stone hit him.

However, when the case was called for him to continue with his evidence in chief, his lawyers had requested an adjournment to enable them to have a conference with him.

But the court instead of an adjournment, stood the case down for an hour for counsel to engage their client.

After an hour, the Defence counsel still insisted on an adjournment and a request the court did not grant.

To this point, counsel for the third accused indicated to the court that they were unable to continue with their evidence in chief.

The High Court in Accra presided over Justice Mariama Owusu, a Justice of the Supreme, sitting as an additional High Court judge ruled that “an untested evidence” cannot be relied upon.

Justice Mariama Owusu said having explained the implications to the accused,” the third accused has exercised his right not to testify.”

Holding the view that his previous evidence is “untested evidence” which has not been subjected to cross-examination, the court said, the third accused has “no evidence” and subsequently had his previous testimonies struck out.

In court on Monday, February 20, lawyers of the third accused told the court that they will not be calling any evidence.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that Monday’s proceeding for the fourth accused to open his defence was adjourned to February 27, because the jury was not properly constituted.

Alleged murder

The young Military officer Major Mahama was killed at Denkyira Obuasi in the Central Region on May 29, 2017.

He was said to have been lynched during a morning walk that led him to Denkyira Obuasi.

A video recording of how he was supposedly lynched went viral on various social media platforms, sending shock waves to the public.

Fourteen people, including William Baah, are standing trial in connection with the death of the military officer.

Others are Bernard Asamoah, aka Daddy; Kofi Nyarko, aka Abortion; Akwasi Baah, Kwame Tuffour, Joseph Appiah Kubi and Michael Anim.

The rest are Bismark Donkor, John Bosie, Akwasi Baah, Charles Kwaning, Emmanuel Badu, Bismark Abanga and Kwadwo Anim.
They have all pleaded not guilty to charges ranging from murder, and abetment to murder and conspiracy to commit murder.

Facts

The facts, presented by the prosecution, were that Major Mahama was the commander of a military detachment stationed at Diaso in the Upper Denkyira West District in the Central Region to check illegal mining activities.

At 8 am on May 29, 2017, Major Mahama, wearing civilian clothes but with his sidearm, left his detachment base for a 20-kilometre jog.

At 9:25 a.m., the military officer got to the outskirts of Denkyira Obuasi, where several women were selling foodstuffs by the roadside.

He stopped to interact with the women and even bought some snails, which he left in their custody to be taken up on his return from jogging.

While he was taking out money from his pocket to pay for the snails, the woman from whom he had bought the snails and a few others saw his sidearm tucked to his waist.

Soon after he left, one of the women telephoned the assembly member for Denkyira Obuasi to report what they had seen.

“Without verifying the information, the assembly member mobilised the accused persons and others, some now at large, to attack the military officer,” the prosecution stated.

It added that the mob met Major Mahama near the Denkyira Obuasi cemetery and, without allowing him to explain and identify himself, “attacked him with implements such as clubs, cement blocks and machetes, killed him and burnt a portion of his body”.